civus
Hearing video

ZBA Hearing - May 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 14, 20254h 1m

I do.

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Please proceed, sir.

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We also did not receive a letter from the RCO, but I did receive a text today because I reached out to find out what the situation was.

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and due to illness, it was not, the letter was not composed and sent.

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35-13, they are fine.

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Also, the two other RCOs that were involved are also fine with it,

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but they would like a proviso that they have commercial trash pickup three times weekly.

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That, you know, is the proviso that they're requesting.

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And if so inclined, the councilwoman is non-opposition to this project.

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okay thank you we have no objection to that provider anyone else in the virtual audience

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yes mr chair i have a hand up from uh 3552 this is must be miss uh fernandez i will

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allow her to speak adrian

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hello hi adrian could you please state your name as bell for the stenographer

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yes adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z

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swear or firm that tell the truth the whole truth nothing but the truth

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yeah please proceed okay um we submitted an amended letter of support with provisos

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and the five provisos we're asking for are first is a limit of three units because this the zoning

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here is going to be changed to RTA per the planning commission. Next is no basement living,

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which I understand is going to be honored, and trash and recycling stored indoors,

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and childproof windows to prevent the young children who may be living there from

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dropping objects out of the windows or hanging their bodies out of windows,

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which we've had a problem with, with subsidized rent properties, and also certificate of occupancy.

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The reason for the request for amendment is we've been having increasing problems with subsidized rent units, even right now competing with very loud music in my background coming from one of those units near us.

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And the burden on the neighborhood and the police with trash, drug use, drug sales, and other nuisances has just been overwhelming.

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PHA is losing ability to control these scattered site properties,

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and we are asking if the number of units can be reduced.

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Also, this is overuse of the multifamily variance.

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We do understand it's near transportation.

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And also what I stated about the fact that planning said

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that the zoning here is going to be changed to RTA, and it's currently RSA-3.

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And that's everything.

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Thank you.

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Thank you very much.

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Anyone else in the virtual audience?

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Do you have comments?

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Yeah, I do.

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We have no objection to a proviso for no basement living, because that's the intent.

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That's in the permitted room.

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Yeah.

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And then we do have a trash room on each floor.

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There's always a balancing act.

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you know do you store the trash in the indoors in a trash room or do you store it outside

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this is a rather large lot it's um almost 5 000 square feet there's ample room in the back for

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trash um i defer to the board in that respect um in terms of the amount of units again this community

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wanted uh that type of density they wanted 12 units i understand no i understand so i think

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three units would be would not be would be out of character in a lot of ways given that we're

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are surrounded by public transportation as miss fernandez stated as well all right thank you um

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planning commission amy boy with the planning commission um planning testified during the

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last hearing however there is a new refusal that i can comment on for the occupied area

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okay so mi 2024 i'm sorry did you want me to comment on that no i thought i thought you were

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done i'm sorry go ahead good yeah so during the last hearing we commented but we commented on a

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on one missing refusal because the plans were revised okay so um the plan has not shown that

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their unique physical circumstances or conditions of the property that prevents it from being used

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in conformance of the zoning code for occupied area the planning commission recommends that the

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board deny the requested variance for occupied area thank you mr chair just briefly kind of

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respond? Sure. The reason why we have the additional refusal is because we eliminated

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all the basement use and then to give more room for those units in there and that's why we're

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and then to give more room for those units in there,

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and that's why we're seeking that occupied area refusal.

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seeking that occupied area.

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That's de minimis in nature.

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Thank you.

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All right, thank you.

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So MI 2024, 005-747-3513 North 23rd Street,

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I vote yes per amended refusal dated 2-18-25,

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commercial trash pickup three times a week.

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I vote, John.

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My vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with provisos.

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Senator Graham, my vote is yes with provisos.

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I know when my vote is yes with provisos.

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Okay, good.

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Okay, number two, MI 2024-007-378-3447 to 53 Frankfurt Avenue.

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Al Noxemson is the attorney.

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It's a resumptive hearing.

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I understand where we stand with this.

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you'll give us a presentation of supplemental information the board will make con will have

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questions council will have questions public testimony and planning commission recommendation

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so again it's still alan knockamson of knockamson pc right uh i will say this that i took over this

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matter midstream so i do not have the benefit of what was stated at the at the original hearing

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I will be brief in my presentation just to go over, you know, generally the project and then answer any questions the board may have.

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So this is 3447-53 Frankfurt Avenue.

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To my left is Elise DeJesus, the operator of this, or hopefully the operator of this location for Hope Rising Child Learning Center.

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this would be their fifth child care facility in philadelphia so they're a known quantity here

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this is an rm1 property that's approximately 12 500 square feet in loss size uh some housekeeping

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items we have 11 exhibits here the community meeting consisted of a mailing of 137 addresses

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and this is a lease arrangement where the lease uh term goes until september 26th

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um september of 2026 but there are multiple uh lease option extensions which we installed so one

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of the things to help you a little bit is what was said at the last hearing the applicant has

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provided plans that clearly depict how someone who is accessible how someone who is accessible

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would get around the property ideally plans that are easier to understand interior photos

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uh so again this was a former community center so we provided much more detailed plans uh lebanon

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level nine architects has these plans now and that's in front of you right here so we go street

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to street from frankfurt avenue to coral street which is on your screen um there's two entrances

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here uh there's an entrance here on on frankfurt avenue and there's an entrance here on frankfurt

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avenue this would be the main entrance on the left the one on frankfurt avenue where you have the

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waiting area. We have eight classrooms who are all specifically delineated. We have the kitchen

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area here, which is specifically delineated with a dining area as well. There's no cooking on the

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premises. This is just for reheating purposes. You can see the accessibility in terms of here's

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the one bathroom that's accessible, and there's actually a lift. So what happens is that there's

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steps that are leading down here. So it's on two levels. But I hopefully these plans are much more

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clear of what's going to happen here. But there's a lift for accessibility in terms for those three

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steps that are there. But someone who is not, you know, able to go down those steps, there's

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accessibility. And there's one accessible bathroom as well. There is a second floor here, which is

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for the staff. There's an office in the staff lounge. Again, I can restate what the hours of

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operation are. My client, again, would be the hours of operation are from 6 a.m. to 10 a.m.

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for drop-off, but the general operation hours are 6 a.m. to 6 p.m. Again, as you know, as a daycare,

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we're required to meet certain state regulations in terms of the facility itself, in terms of

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accessibility and safety, in terms of the physical safety of the structure itself, as well as the

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safety of the children that's inside in terms of certifications and you know oversight so there's

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much oversight in here in addition to when hopefully we leave here with a zoning variance

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you know every year we have to pass inspections so i don't know if that and and by the way here's

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the exterior of the uh rendering as well which shows the accessible ramp that is on frankfort

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avenue uh as well so i don't know if that answered the board's questions in terms of showing much

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clearer floor plans. Questions from the board? It answered mine. That answered all of my questions.

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and answer it answered mine and answered all of my questions thank you for the

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Thank you for the advice.

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right thank you questions or comments from our attorney no sir questions or

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comments from the virtual audience okay do you want to have your testimony yes

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yeah sure yes can can you stay tuned well I think she has to be sworn in well

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she should state her name first right yes state your name and spell for the

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stenographer elisa jesus e-l-i-s-e d-e-j-e-s-u-s you pull that a little closer to you and make

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it just a little bit louder okay do you swear or affirm to tell the truth the whole truth nothing

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but the truth yes sir please proceed counsel uh yes uh you heard everything i had to state today

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about your zoning matter yes is it true and correct yes and do you adopt it as your own

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testimony thank you planning amy boyd with the planning commission the comprehensive plan

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recommends no change in zoning at this location

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from the current residential

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multifamily RM1. The proposed

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use is consistent with documented prior use.

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The Planning Commission recommends a board grant

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requested variance for Child Care Center.

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Thank you. MI 2024

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007-378-3447

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to 53

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Frankfurt Avenue. I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Beston, my vote is yes.

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Tynetta Graham, my vote is yes.

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Iowyn, my vote is yes.

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Thank you.

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Okay, thank you.

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You have your vote.

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Okay, thank you.

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I have one more for you.

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Okay.

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Well, I have, I think, a couple more, but I'll take one more than I'll take a little break from you.

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Not that, you know, just a little bit of a break.

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Sound like my wife.

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And my 2024-007-431-633 North 33rd Street.

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This is a resumptive hearing.

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So, a couple things.

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So, we're going to see revised updated posting photo, revised photos of the rear of the property, received interior photos, applicant provide a petition of support, 12 signatures, 11 from the media block, no proof of tax compliance, but they will provide to hearing properties compliant.

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and also this will be your presentation of supplemental information the board public

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testimony and then planning uh yes alan occamson okay and i'm going to share my screen

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again did not have the benefit of being at the original hearing here so uh i heard what you

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you need to look at just you know some housekeeping items uh this this presentation

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include 11 exhibits we mailed notice of the community meeting to 114 addresses and we have

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proof of mailing that address let's just go from back to front it's just maybe easier

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um here's proof of the tax compliance yep uh then we have the posting photos let's go to the

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posting photos posting photo boom right there and then picture the back of the property we have a

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picture of the back of the property i do think we have some interior photographs so just a little

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bit of background uh my this is a family owned home my my client's family has owned this property

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for some time uh it did get transferred to her uh you know recently and it's you know it's an

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r1 property where two units are allowed as a right we're asking for a third unit by increasing uh the

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the building massing by doing a little bit in the back and as well as adding a third story but here

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interior photos no guarantee but my client is looking to like um like potentially live in one

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of the units um it will help her like you know like live um and you know in in the property and

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and be able to afford that as well um you know this is uh you know the refusal is just to go

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as a matter of background kind of going to the front you know we have three refusals again the

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use refusal uh two units is allowed uh three units are proposed um we're you know we're right

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next to arm two which would allow this as a right we're bordering like a parking lot which you know

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by having some of these dimensional refusals of like you know rear yard uh like uh you know area

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as well as rear yard depth we're not taking anyone's light and air away from us to the person

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to the right of us where there's a parking lot um you'll see here we do have a petition by the way

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so that's also helpful but you can see here and you'll see in the pictures in the presentation

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this parking lot kind of goes from wallace street to mount vernon to where we are on 33rd street so

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the only person that would be affected would be the party to left of us that's a family friend

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like well we don't have that that petition signed by them verbally my understanding is that that

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person is in support of our project as well i mean they these these families have known each other for

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person is in support of our project as well i mean they these these families have known each

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other for a generation at least so why don't why don't we yeah we'll get when we swear in

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well okay okay so but yeah so this is the only person that would be affected again the the use

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is not like we're not going really any deeper um you know then you know what is there on the first

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floor it's already a non-conforming building all we're trying to do is uh through the you know

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through the massing is to like increase the the second floor here in the back and then add a third

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story here um again this is our own property and we believe that the requested variances

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are de minimis in nature thank you is that a deck there too m uh i do believe yes there is a deck

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as well as part of a part of that uh of those plans yes do we have a refusal for the deck

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uh we do not okay uh questions from the board

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yes do you know the height of the addition compares to the other buildings on that block

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face uh so our height according to my notes is 36 feet which we are below the 38 feet so we're

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not trying to be greedy about it um and i would ask my client to speak as to uh surrounding

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properties and let me just take a look and see if we have let's let's look at the street view

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photos and see if we can look at that

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there are three-story structures on this street if you look on 33rd street to the left of the

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property and there are you know in in some parts like going down the street a little bit

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the next block over especially but you know there's a corner property obviously we know

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you know that doesn't really count but like if there are you know some three-story structures

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not out of character in order to put the work in that's needed for this family-owned house we do

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